SHARAD TYAGI Vs. UNIVERSITY OF ROORKEE AND OTHERS

JUDGEMENT

(1.) PETITIONER applied for and was admitted in a diploma course of pulp and paper in University of Roorkee (hereinafter referred to as the University). His admission was however cancelled by order dated August 14, 1993 by the University. It is against this order that this writ petition has been filed. The University has filed Counter affidavit today. Learned counsel for the petitioner has stated that he does not want to file Rejoinder affidavit. From the perusal of the impugned order, it appears that petitioner's admission has been cancelled on the ground that he has submitted a false undertaking to the effect that he has not taken admission in any Post Graduate degree in the past at Roorkee University or at any other Institution although, he had joined M.Sc. (Physics) at K.G.K. College, Moradabad (which is affiliated to Bundelkhand University) in the session 1991 -92.

(2.) FORM of undertaking which has been submitted by the petitioner has been filed by the University as Annexure No. 1 to the counter affidavit, relevant extract from which is reproduced below:

(3.) Shri Dinesh Kakkar, learned counsel for the University has submitted that as the petitioner has taken admission in M.Sc. (Physics) at K.G.K. College, Moradabad and he has failed to disclose the same, his admission has rightly been cancelled by the University. It is not possible to agree with Shri Kakkar. According to the form of declaration which has been reproduced hereinabove, a candidate is required to give a declaration/understanding to the effect that he has not been enrolled at the University or at any other Institution for the post graduate degree for which he has applied before the University. A candidate as such must not be enrolled at any Educational Institution for the same post graduate degree for which he is seeking admission in the University. For example if the candidates want to be admitted in the University in M.E. he must not be enrolled at any Educational Institution as student of M.E. But if he has applied before the University for admission in M.E., the undertaking given by him cannot be said to be violated if he was enrolled at any Institution for a degree other than M.E. Declaration/undertaking of a candidate can be said to be false only if he was enrolled at the University or at any other Institution for same post graduate degree for which he has sought admission in the University. In the instant case, he has applied for and was admitted in the University in Diploma course of pulp and paper. Admittedly he was not enrolled at the University or at any other Educational Institution in the above Diploma course. For the reasons given above, this writ petition is allowed with costs. The impugned order dated August 14, 1993 is quashed. Petitioner will be permitted by the respondents to continue his study in diploma course in which he was admitted earlier.